Liability Release
ACKNOWLEDGMENT OF RISKS, ASSUMPTION OF RISK AND RESPONSIBILITY, AND RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS. PLEASE READ CAREFULLY BEFORE SIGNING.
I have been provided the opportunity to participate in a Four Elements Nordic Sauna experience/rental and hereby voluntarily agree as follow.
ACKNOWLEDGEMENT OF RISKS: My participation in the Sauna involves known and unknown risks, dangers, and hazards that may cause death, personal injury, damage to personal property and loss of personal property. The risks and consequences I am acknowledging include, but are not limited to:
● Slippery surfaces caused by water, ice, snow, or other substances;
● Exposure to cold temperatures;
● Exposure to hot temperatures;
● Exposure to hot equipment;
● Increased internal body temperature;
● Collisions or contact with other persons and objects inside or outside of
the Sauna;
● Exposure to airborne illnesses or transmittable diseases;
● Defects or weaknesses in the design, construction, repair, or modification
of the Sauna;
● Visible and invisible natural or man-made hazards in or around the Sauna;
● Other foreseeable and unforeseeable risks that contribute to the
unpredictability of my participation in the Sauna.
● Other foreseeable and unforeseeable risks that contribute to the
unpredictability of my participation in the Sauna.
REPRESENTATION OF FITNESS: I am physically and mentally fit to participate in the Sauna. I do not have any medical condition, such as anhidrosis, that interferes with my ability to sweat. I am not pregnant and am not subjecting a fetus to excessive body temperatures that may cause fetal damage during pregnancy. I am not taking or under the influence of any drugs, alcohol, medication, or other substance affecting my mental or physical state.
ASSUMPTION OF RESPONSIBILITY: I am responsible for my own safety and personal property. I cannot and will not rely on anyone other than myself to keep me or my personal property safe before, during, or after participating in the Sauna. My participation in the Sauna is voluntary and I can refuse to participate or quit participating in the Sauna at any time for any reason.
ASSUMPTION OF RISK: I assume all risk and responsibility for death, personal injury, damage to personal property and loss of personal property that I sustain in connection with my participation in the Sauna, except to the extent such damages, injuries, or death results from conduct that constitutes greater than ordinary negligence under Minn. Stat. § 604.055.
MEDIA RELEASE: I hereby consent to the participation in interviews, the use of quotes, and the taking of photographs, movies or video tapes. I also grant to the right to edit, use, and reuse said media for marketing/communications purposes including use in print, on the internet, and all other forms of distribution. I also hereby release Four Elements Nordic Sauna and its agents and employees from all claims, demands, and liabilities whatsoever in connection with the above. By signing this waiver I acknowledge that I have completely read and fully understand the above release and agree to be bound thereby. I hereby release any and all claims against any person or organization utilizing this material.
WAIVER AND RELEASE FROM LIABILITY; COVENANT NOT TO SUE: I, for myself and for my personal representatives, executors, administrators, heirs or next of kin, forever waive, release, discharge, agree to hold harmless, and covenant not to sue Four Elements Nordic Sauna LLC and their owners, shareholders, members, partners, employees, officers, directors, agents, and other affiliated persons or entities from any and all liability for any death, personal injury, damage to personal property, loss of personal property, costs, expenses, attorney’s fees, actions, causes of action, suits, obligations, judgments and claims of any nature that I sustain in connection with my participation in the Sauna, except to the extent such damages, injuries, or death result from conduct that constitutes greater than ordinary negligence under Minn. Stat. § 604.055.
INDEMNIFICATION: I indemnify and agree to hold harmless Four Elements Nordic Sauna LLC, their owners, shareholders, members, partners, employees, officers, directors, agents, and other affiliated persons or entities from any and all liability for any death, personal injury, damage to personal property, loss of personal property, costs, expenses, attorney’s fees, actions, causes of action, suits, obligations, judgments and claims of any nature arising from, or in connection with, my participation in the Sauna.
AUTHORIZATION: Without creating any obligation, I authorize any medical treatment deemed necessary in the event of any injury or illness I sustain while participating in the Sauna. I either have appropriate insurance, or in the absence of insurance coverage, I agree to pay all costs of medical treatment provided to me.
RIGHT OF PUBLICITY: I authorize and consent to the use of my name, image, or likeness for commercial purposes in connection with the promotion and marketing of Four Elements Nordic Sauna LLC.
BINDS HEIRS. It is my express intent that this agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representatives, if I am deceased.
CHOICE OF LAW: This agreement is governed by the laws of the State of Minnesota. Any claim arising from this agreement or my participation in the Sauna must be brought in the state courts of Minnesota in Chisago County.
SEVERABILITY: Pursuant to Minn. Stat. § 604.055, nothing in this agreement purports or intends to waive liability for damage, injuries, or death resulting from conduct that constitutes greater than ordinary negligence. If any provision of this agreement is held invalid, such provision will be severed from this agreement, but the remaining provisions of this agreement will remain in full force and effect.
RELEASE TERMS
NEGLIGENCE – Conduct or a failure to act that would be described as careless. Failure to use the care that a reasonable person would use in similar circumstances.
RELEASE – To give up or give away.
LIABILITY – Responsibility or responsible for.
INJURY – Physical or psychological wound, illness, hurt or harm.
DAMAGES – Compensation (money) for past and future medical bills, equipment
and care; pain & suffering; loss of society and companionship; loss of past wages
and future earnings; funeral expenses; caretaking costs; wrongful death and
other expenses or losses stemming from injury or death.